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Gambling: Arkansas Blog, Arkansas TimesDaily Arkansas news, politics and entertainment. Featuring the state's most trusted blog, dining guides and dining reviews, movie times and more.https://www.arktimes.com/imager/b/rss/808579/e619/at_social_logo.png144144Legislative small print: Gambling expansion gets a vote Mondayhttps://www.arktimes.com/ArkansasBlog/archives/2017/03/26/legislative-small-print-gambling-expansion-gets-a-vote-monday
https://www.arktimes.com/ArkansasBlog/archives/2017/03/26/legislative-small-print-gambling-expansion-gets-a-vote-mondayMax Brantley
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<br>
The push to wrap up the legislative session this coming week inevitably will focus big headlines on things like the highway and Internet tax bills and <b>House Speaker Jeremy Gillam's </b>effort to all but kill the ability for popularly initiated constitutional amendments.<br>
<br>
Much devilment lurks in the long agendas, such as the push by some legislators to insinuate more <b>gambling</b> into areas of the state where local prosecutors are willing to turn a blind eye. Games of chance nominally are prohibited by the Arkansas Constitution except in the state lottery, the two racetrack casinos and, for significant merchandise prizes thanks to another dubious law, at Dave and Buster's in Little Rock.<br>
<br>
Among efforts to expand gambling in Arkansas currently t<a href="http://www.arkleg.state.ar.us/assembly/2017/2017R/Bills/SB496.pdf" target="_blank">here is, for example, SB 496,</a> which is on the House agenda Monday for final action. It would prohibit the <b>Alcoholic Beverage Control Division</b> from enforcing laws regarding gambling machines.<br>
<br>
That's right: A law to STOP enforcement of the law. The unwritten implication is that other law enforcement officers in certain areas are already complicit with gambling machines that have begun popping up around the state. The ABC has been doing its job, issuing warnings and then writing tickets when they find illegal gambling machines in establishments with alcohol permits. The pushback has been fierce. Gambling machine operators have friends in the legislature, such as <b>Sen. Scott Flippo.</b><br>
<br>
The pushback has been so strong that ABC itself has been quiet in legislative hearings on the subject. But I heard of internal discussion and, under the Freedom of Information Act, received a copy of this letter to others in the ABC from Enforcement Division chief Boyce Hamlet:<br>
<br>
<blockquote>
Since my first day as the Director of Alcohol Beverage Control I’ve had to make a lot of difficult decisions. Law enforcement officers enforcing our state gaming laws was never one of them. Countless meeting, phone calls, and communications with lobbyists and special interest groups never made me waiver in that decision. As the director I can’t make decisions because they are easy or because they're popular. I have to make them because they're right. There are hard fights worth fighting even though you feel like you are eventually going to lose.<br>
<br>
What we interrupted was a multi-million dollar, underground, illegal, untaxed economy. As we discovered in our investigations, these illegal gaming machine companies come from out of state and seek out those most susceptible, the elderly, and our minority communities. Through your efforts you have removed hundreds of machines and prevented the exploitation of thousands of our most vulnerable citizens.<br>
<br>
Senate Bill 496 goes to the house floor on Monday. It will prohibit law enforcement officers with the Alcohol Beverage Control Enforcement Division from enforcing our state gaming laws.<br>
<br>
If it passes I will issues a directive to my agents and special agents to conclude all of their current criminal cases and administrative violations. I have been in contact with the federal authorities and am prepared to inform them we can no longer assist them. We respect the legislative body and when the legislature speaks we respect their decision. <br>
<br>
You have done what was right when it was difficult, shown great integrity, and I am proud of all of you. Thank you for your dedicated service and your efforts in curtailing illegal gambling in our state.<br>
<br>
You don’t owe an apology to anyone.<br>
<br>
<br>
Your Proud Director,<br>
<br>
-Boyce Hamlet
</blockquote>
Call the roll, Mr. Clerk. <br>
<br>
But I must add that this is a hydra-headed monster, with legal efforts underway to get gambling machines declared legal games of skill (after all, that's the gimmick at the two racetrack casinos.) You can wager on horse races around the world by phone now, courtesy of a law passed to help the Arkansas racetracks. Other Internet gambling efforts persist, too. But, in the meanwhile, the law is the law.<br>
<br>
Backers of the Senate bill are trying to depict ABC enforcement as an assault on bingo games at VFW halls and Elks lodges. It isn't. Charity bingo is explicitly allowed by the Constitution and I"m aware of no enforcement against any of these outfits for bingo (or poker tournaments, another popular gambling enterprise growing around the state.)<br>
<br>
This racket is happening all over the U.S.. <a href="http://www.tampabay.com/news/humaninterest/state-attorney-general-rules-against-use-of-instant-bingo-machines/695367" target="_blank">Here, for example, is an article from Florida on questions a</a>bout machines selling "instant Bingo tickets," the functional equivalent of a scratch-off lottery ticket. The only skill involved is knowing what law officers will let you get away with it and which won't.<br>
Arkansas PoliticsGambling
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Sun, 26 Mar 2017 09:54:00 -0500Arkansas TimesCasino backers claim economic boost from more gamblinghttps://www.arktimes.com/ArkansasBlog/archives/2016/10/11/casino-backers-claim-economic-boost-from-more-gambling
https://www.arktimes.com/ArkansasBlog/archives/2016/10/11/casino-backers-claim-economic-boost-from-more-gamblingMax Brantley
<img src="https://media2.fdncms.com/arktimes/imager/u/blog/4655844/13346878_1744736962416299_7409122927938152934_n.png" width="160" height="160" style="display:block; float:right;" />
<b>Arkansas Wins,</b> the committee hoping to pass a proposed constitutional amendment (Issue 5) to allow <b>casinos </b>in Boone, Miller and Washington counties, released a report they commissioned today that says the casinos would be an economic boon.<br>
<br>
The report by Kyle Dean and Russell Evans of the Economic Impact group claims the casinos would create 3,200 jobs with $134 million in wages, on top of $148 million worth of construction jobs. More casino gambling also would create $122 million in gambling tax revenue and $600 million in capital expenditures.<br>
<br>
Opponents of the casino, financed by existing casinos at Oaklawn and Southland parks, have said the amendment would be damaging to the state. They are fighting it in court and a preliminary ruling by a special master appointed by the Arkansas Supreme Court has raised questions about whether the measure will survive on account of challenged petition signatures.<br>
<br>
[pdf-1]<br>
[pdf-2]<br>
UPDATE: Opponents of the casino amendment blasted the report, calling it "a desperate attempt by shady out-of-state opportunists whose scheme to rig our constitution in their favor is being widely rejected by Arkansans."<br>
<br>
Chuck Lange, chairman of the Stop Casinos Now group called the study propaganda written by consultants who also do work for the Cherokee Nation, which is underwriting the amendment and hopes to operate on of the casinos, in Washington County. <br>
<br>
<blockquote>
“The truth is, if this scheme were somehow to pass, then no one knows who will wind up with casino licenses other than two small time Missouri businessmen with absolutely no experience in the gaming industry. So it’s not possible to project what anyone would build, operate, or do. What we do know is that Arkansas will have no control over what these casino operators build. Judging from what these two out-of-state guys have been involved in so far, it wouldn’t be impressive,” concluded Lange.
</blockquote>
<br>
Gambling
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Tue, 11 Oct 2016 10:49:00 -0500Arkansas TimesQuapaw leader talks to Little Rock Board about land purchasehttps://www.arktimes.com/ArkansasBlog/archives/2015/04/14/quapaw-leader-talks-to-little-rock-board-about-land-purchase
https://www.arktimes.com/ArkansasBlog/archives/2015/04/14/quapaw-leader-talks-to-little-rock-board-about-land-purchaseMax Brantley
<img src="https://media1.fdncms.com/arktimes/imager/quapaw-leader-talks-to-little-rock-board-a/u/blog/3810340/imgres.jpg" width="119" height="159" style="display:block; float:right;" />
<b>John Berrey,</b> chairman of the <b>Quapaw Tribe of Oklahoma</b>, made an unscheduled appearance before the <b>Little Rock City Board</b> this afternoon to talk about the tribe's recent purchase of 160 acres near the <b>Little Rock Port</b> and its application to make it trust land, and thus exempt from local government taxation and control.<br>
<br>
He got questioning, particularly from <b>Directors Lance Hines</b> and <b>Dean Kumpuris</b>, about what Kumpuris characterized as community "fears" that the Quapaw might eventually want to develop a casino there, such as it operates in Oklahoma.<br>
<br>
Berrey has said preservation and continued study of ancestral lands is the group's first interest. But he also resisted efforts that seemed to aim to pin him down in some agreement not to use the lands in ways in which these city directors, at least, wouldn't approve. This isn't a "treaty," Berrey responded.<br>
<br>
The subject will be discussed, too, before the Little Rock Port Authority Thursday.<br>
<br>
I have to wonder where city directors get off presuming that Pulaski County residents are unilaterally opposed to the jobs and tax revenue (Indian casinos always work out such agreements) that come with casino developments. I have to wonder why city directors seem to be serving the interest of protection of the gambling monopoly enjoyed in Little Rock by <b>Oaklawn Park</b> in Hot Springs and <b>Southland Gaming</b> in West Memphis. Of course a major and influential beneficiary of Oaklawn is lodged in Little Rock, the Friday Law Firm.<br>
<br>
Once in trust, Indians generally are allowed the same operating privileges extended to others in a state, though there is a long and arduous process to reach a gambling permit.<br>
<br>
Berrey made a reference to history militating against making agreements on use of Indian land with agencies of government. No kidding.<br>
<br>
Directors <b>Doris Wright</b> and <b>Ken Richardson</b> also had questions (Wright about farming the land, Richardson about protecting the slave cemetery that exists atop a prehistoric mound on the site); they, like Hines, Kumpuris and the mayor, kept addressing Berrey as "chief." He's chairman of his tribe. He wore no feathers to the board meeting.<br>
GamblingLittle Rock Government
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Tue, 14 Apr 2015 16:54:00 -0500Arkansas TimesCasino gambling continues to grow in Arkansashttps://www.arktimes.com/ArkansasBlog/archives/2015/01/19/casino-gambling-continues-to-grow-in-arkansas
https://www.arktimes.com/ArkansasBlog/archives/2015/01/19/casino-gambling-continues-to-grow-in-arkansasMax Brantley
<img src="https://media1.fdncms.com/arktimes/imager/gone-to-the-dogs-casino-gambling-is-the-t/u/blog/3626557/dogs.jpg" width="600" height="206" />
<br>
<a href="http://talkbusiness.net/2015/01/oaklawn-southland-casino-style-wagering-tops-3-5-billion-in-2014/?utm_source=Talk+Business+Free+Subscriptions&utm_campaign=8dc5075451-Monday_Morning_Briefing_1.19.15&utm_medium=email&utm_term=0_a8cb0d3206-8dc5075451-226237841" target="_blank">Talk Business rounded u</a>p the 2014 totals on casino gambling at<b> Southland Park </b>in West Memphis and <b>Oaklawn Park</b> in Hot Springs.<br>
<br>
The bottom line:<br>
<br>
SOUTHLAND: $2.172 billion in wagers; $2.022 billion in payouts. That left $150 million from which to take taxes, overhead expenses and track profit. That's about a 93 percent payout rate.<br>
<br>
OAKLAWN: $1.359 billion in wagers; $1.274 billion in payouts. That left $85 million for taxes, overhead and profit, also a payout rate of a bit more than 93 percent.<br>
<br>
Of that $235 million net from casino wagering (the state still refers to it with the quaint, eupehemistic term "electronic games of skill"), the state is averaging $3 million a month in tax revenue. It realized $39.5 million in the full year that ended June 30.<br>
<br>
Both casinos have expanded dramatically to add more slot machines to increase business in 2015.<br>
<br>
Racing continues at both tracks, But racing is a negligible tax revenue producer compared with casino gambling — $2.9 million combined from horse and dog racing taxes in the last fiscal year, or 7 percent of casino take.<br>
<br>
Oaklawn has bulked up thoroughbred racing purses with profits to attract better horses and has sustained a better horse racing operation than many tracks around the country.<br>
<br>
Southland is another matter, certainly in terms of attendance. Total dog wagering in 2013, the most recent figure I can dig up on a holiday, was down to $18 million on almost 6,000 dog races, or barely more than $3,000 wagered per race. Greyhound tracks across the country are struggling and some have given up dog racing entirely for a switch to casinos. <br>
<br>
Would Southland drop greyhound racing if it could? It's an interesting question and a development that groups that oppose dog racing on humane grounds would like to see. But there's an obstacle. Only places that offer parimutuel wagering in Arkansas are allowed to have "electronic games of skill," or casino gambling. No parimutuels, no casino. Unless, that is, a legislative workaround can be found akin to the sleight of hand that opened the door to casino gambling despite a constitutional prohibition against gambling. (Parimutuel wagering is considered a skill, too, just like poker, blackjack and Wheel of Fortune slot machines.)<br>
<br>
It's telling that the <a href="http://www.southlandpark.com/" target="_blank">home page of Southland Park</a> shows almost no evidence of dog racing, focusing instead on casino photos.<br>
<br>
Efforts to legalize casinos in Arkansas beyond the duopoly at Southland and Oaklawn have been unsuccessful. But that situation could grow more interesting as the <b>Quapaw</b> tribe of Oklahoma moves ahead with its study of building a casino on tribal land it recently purchased in Little Rock.<br>
Gambling
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Mon, 19 Jan 2015 09:25:00 -0600Arkansas TimesThe 'Dream' day open linehttps://www.arktimes.com/ArkansasBlog/archives/2013/08/28/the-dream-day-open-line
https://www.arktimes.com/ArkansasBlog/archives/2013/08/28/the-dream-day-open-lineMax Brantley
<img src="https://media2.fdncms.com/arktimes/imager/new-headline/u/blog/3026537/1186102_610555125662419_497073696_n.jpg" width="600" height="450" />
<br>
Another day done gone. Above is a photo from the secretary of state's Facebook page of the crowd that gathered at the Arkansas Capitol today to commemorate the march in Washington 50 years ago. With that, before turning things over to you, some final notes:<br>
<br>
<b>* SENATE ELECTION DATES SET</b>: <b>Gov. Mike Beeb</b>e today set dates for primary and general special <b>elections</b> for the District 21 Senate seat left vacant by <b>Paul Bookout's resignation</b>. The primary will be Oct. 8, with a runoff if necessary on Nov. 12. The election will be Jan. 14. Filing for party primaries begins Tuesday, Sept. 3 and ends at noon Friday, Sept. 6. Independents and write-ins also must give notice of candidacy by noon Sept. 6.<br>
<br>
* <b>DOG RACING HAS GONE TO THE DOGS</b>: A <a href="http://blog.grey2kusa.org/2013/08/dog-race-gambling-drops-for-twenty.html">group that opposes greyhound racing reports</a> that greyhound racing revenue nationwide continues its precipitious decline, down 67 percent since 2011. And state revenue nationwide is down 80 percent in that time, to a total of only $14 million NATIONWIDE. Greyhound revenue at the <b>Southland track</b> in West Memphis is similarly down to a negligible amount. BUT ... casino gambling at the track now rakes in tens of millions and annual state tax revenue of about $20 million. Under the quirky law that gives Southland and <b>Oaklawn</b> duopoly casino status, they can have casinos only because they also have parimutuel wagering, Southland on dogs and Oaklawn on horses. So Grey2K's hope that dog racing will come to an end isn't likely to happen in Arkansas until the track has legal assurance of its continued casino operation.<br>
Arkansas ElectionsGambling
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Wed, 28 Aug 2013 17:07:50 -0500Arkansas TimesArkansas Lottery faces class action lawsuit on scratch-off ticket payoffshttps://www.arktimes.com/ArkansasBlog/archives/2013/08/08/arkansas-lottery-faces-class-action-lawsuit-on-scratch-off-ticket-payoffs
https://www.arktimes.com/ArkansasBlog/archives/2013/08/08/arkansas-lottery-faces-class-action-lawsuit-on-scratch-off-ticket-payoffsMax Brantley
<img src="https://media2.fdncms.com/arktimes/imager/took-tickets-remmele-mazyck/u/blog/3008840/1375971841-mazcyk.jpg" width="250" height="363" style="display:block; float:right;" />
<p>A <strong>class action lawsuit</strong> has been filed in Pulaski Circuit Court against the <strong>Arkansas Lottery </strong>related to the disclosure that a former lottery security officer had stolen thousands of scratch-off lottery tickets and then collected winnings up to $500 on an individual tickets totaling almost a half-million dollars.</p>
<p>The lawsuit, with Raymond Brock and Rick Tomboli as plaintiffs, was filed by the John Walker Law Firm by Lawrence Walker. It alleges that the lottery learned of ticket thefts in 2012 and continued to advertise odds for winnings without adjusting them downward, thus misrepresenting the number of prizes still to be awarded.</p>
<p>Remmele Mazyck, a former security official, pleaded guilty in federal court in July to stealing $478,000 in tickets. He cashed winnings and plowed them back into more tickets and wound up broke. He's awaiting sentencing.</p>
<p><a href="http://posting.arktimes.com/images/blogimages/2013/08/08/1375971683-lotterylawsuit.pdf">Here's the full lawsuit.</a></p>
<p><a href="http://posting.arktimes.com/images/blogimages/2012/04/27/1335558745-lotteryfinal.pdf">Tomboli is plaintiff</a> in another lawsuit against the lottery over scratch-off tickets sold at a convenience store that had been tampered with by someone to see if they were winners. They weren't, but were sold to him anyway, Tomboli alleged.</p>
<p>Citing the pending litigation,<strong> Lottery Director Bishop Woosley</strong> declined comment.</p>
Gambling
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Thu, 08 Aug 2013 09:25:00 -0500Arkansas TimesOpinion sought on lottery and keno/bingo gameshttps://www.arktimes.com/ArkansasBlog/archives/2013/08/05/opinion-sought-on-lottery-and-kenobingo-games
https://www.arktimes.com/ArkansasBlog/archives/2013/08/05/opinion-sought-on-lottery-and-kenobingo-gamesMax Brantley
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<p><strong>State Rep. Mark Perry </strong>of Jacksonville <a href="http://posting.arktimes.com/images/blogimages/2013/08/05/1375734940-perry.pdf">has asked the attorney general for a legal opinion</a> on whether <strong>lottery retailers</strong> can conduct draw games where winnning numbers are displayed on video monitors. If so, he continues, could the lottery market a<strong> keno </strong>game and does the law set any limits on frequency of play. He also asks about the legality of offering a draw game or instant ticket game marketed as <strong>"bingo.</strong>"</p>
<p>This is an outgrowth of discussions about the lottery adding keno as a means of generating more money for lottery scholarships. Keno is typically played in something akin to a casino setting, with players picking numbers and playing multiple games in fairly rapid succession.</p>
<p>The <strong>Oregon lottery</strong> allows you to watch the drawings "live" on-line, every four minutes.</p>
Gambling
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Mon, 05 Aug 2013 15:36:00 -0500Arkansas TimesFamily Council gets one right: They're gambling at Oaklawn and Southlandhttps://www.arktimes.com/ArkansasBlog/archives/2013/07/25/family-council-gets-one-right-theyre-gambling-at-oaklawn-and-southland
https://www.arktimes.com/ArkansasBlog/archives/2013/07/25/family-council-gets-one-right-theyre-gambling-at-oaklawn-and-southlandMax Brantley
<img src="https://media1.fdncms.com/arktimes/imager/deal-the-cards-arkansass-casinos-offer-real-cards-for-blackjack-the-fami/u/blog/2989043/1374769358-blackjack.jpg" width="250" height="167" style="display:block; float:right;" />
<p>The <strong>Arkansas Family Council</strong> isn't right often in our editorial view — and downright mean-spirited in the process for an organization putatively founded on Biblical principles — but we'll give credit where due.</p>
<p>They've been a persistent opponent of <strong>legalized gambling</strong> in Arkansas and they've said from the first that the "electronic games of skill" authorized by the legislature for the duopoly casinos at<strong> Oaklawn Park </strong>at Hot Springs and <strong>Southland Park</strong> in West Memphis are nothing but casino-style games. Poker, blackjack and slot machines (euphemistically known as "reel games") are on offer. Operators of the gambling parlors have insisted an element of skill is present in every game, sufficient to defeat the constitutional prohibition on games of chance in Arkansas.</p>
<p><a href="https://familycouncil.org/?p=8150">Now the Family Council notes </a>another step toward the real thing.</p>
<p><blockquote>This week, however, we learned Oaklawn and Southland have reversed that game. Now blackjack is played with real cards, but the poker chips are electronic.</p>
<p>One has to ask how in the world a card game played with live cards can qualify as an “electronic game of skill.” The trick is each card is scanned by an “electronic eye” (i.e. a video camera) as it is dealt.</p>
<p>Of course this means all bets are off on the other games Oaklawn and Southland can offer. They could probably let people roll live dice, and use a camera to “read” whether the player’s roll wins or loses. They could probably do something similar with a roulette wheel. All they have to demonstrate is that the game involves electronics and some degree of skill on the part of the player—and if blackjack qualifies, these other games, arguably, do as well.</p>
<p>The bottom line: Oaklawn and Southland have done exactly what many suspected they would. They have used the “electronic games of skill” legislation from 2005 to slowly turn their racetracks into casinos.</blockquote></p>
<p>A few points:</p>
<p>1) Blackjack is indeed a skill game. That's why professional card counters get the bum's rush in casinos.</p>
<p>2) Of course these are casinos.</p>
<p>3) Southland has used real cards — electronically in the manner the Family Council described — for several years, said<strong> General Manager Troy Keeping.</strong> He thinks Oaklawn has more recently adopted the feature. I haven't heard back from Eric Jackson at Oaklawn on a request for comment. So far, a similar electronic scanner isn't possible for poker, still dealt "electronically."</p>
<p>The chance of winning at blackjack doesn't change because the game is played electronically. But here's the important distinction: It's electronic. The legislature approved electronic gaming and electronic gaming only where parimutuel gambling exists. For now, that's just two places — Oaklawn and Southland. If somebody wanted to go through the legislative process and local voter approval necessary to start another parimutuel racetrack — a big if — that operator presumably could also add electronic games.</p>
<p>4) Southland already offers electronic roulette and craps by video terminal.</p>
<p>Keeping said every game, Wheel of Fortune slot machine or otherwise, contains at least some element of gambler discretion that affects the outcome. On the slots, for example, the size of the wager can affect the odds on the payout. That may seem like a minor distinction, but it's sufficient to comply with Arkansas law and Racing Commission approval.</p>
<p>Why not go all the way to pure casino operation — with real cards, dice, a roulette wheel with bouncing ball and all the rest? Keeping said, "I don't think the people of Arkansas are looking for that." He said that the existing gambling outlets have stopped an outflow of dollars to neighboring states and attracted an influx of money that produces, at Southland, $20 million in tax revenue to the state each year. </p>
<p>"At some point, if people decided they wanted something more, it would make sense to pursue. At this point, I don't sense that," Keeping said. </p>
<p>PS — Keeping said studies have been done. It costs money for croupiers, dealers and other human operators of games already being offered by machine. The return might not be that much greater than from a machine.</p>
Gambling
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Thu, 25 Jul 2013 10:18:00 -0500Arkansas TimesSupreme Court invalidates casino amendmenthttps://www.arktimes.com/ArkansasBlog/archives/2012/10/04/supreme-court-invalidates-casino-amendment
https://www.arktimes.com/ArkansasBlog/archives/2012/10/04/supreme-court-invalidates-casino-amendmentMax Brantley
<img src="https://media1.fdncms.com/arktimes/imager/crapped-out-nancy-todd-the-political-strategist-who-led-the-casino-amendm/u/blog/2468904/1349363329-nancytodd.jpg" width="250" height="239" style="display:block; float:right;" />
<p>The <strong>Arkansas Supreme Court</strong> today ordered that no votes be counted for the <strong>Nancy Todd casino amendment.</strong> It was certified for the November election with an amendment to the ballot title that said it could be interpreted as affecting existing casinos at<strong> Oaklawn </strong>and <strong>Southland Parks.</strong></p>
<p>The Supreme Court said that language was added after signatures were gathered and thus petition signers didn't approve a vote on the measure certified by <strong>Secretary of State Mark Martin.</strong> The backers of the casino have said objections to the title had left them with no choice but to add the language and that it was immaterial in terms of the original proposal. The Court reduced the case to this:</p>
<p><blockquote>Although the case raises at least four separate issues, the primary question presented is whether a sponsor of an initiated amendment may attach one ballot title to her petition and then ask respondent to certify another. We hold that she may not.</blockquote></p>
<p>The Court declined to issue an advisory opinion on the question that put this all in play — whether the original ballot title was sufficient. The Court <a href="http://posting.arktimes.com/images/blogimages/2012/10/04/1349361332-todd.pdf">said in a separate opinion</a> that that issue became moot when Martin certified the amended proposal.</p>
<p>Nancy Todd issued this statement:</p>
<p><blockquote>Today’s announcement is disappointing. More than 200,000 Arkansans signed our petition and thousands more understand this is about keeping our money in Arkansas and creating more than 6,000 good paying jobs in the state. A track full of moneyed insiders fought me every inch of the way and while they may have “won” today, it’s the people of Arkansas who have lost in the long run.</p>
<p>Issue 3 would provide Arkansas with real benefits: secure jobs and funding for our schools, senior citzens, veterans, <br />job training and the Children's Hospital. While today's decision means votes cast for Issue 3 will not count, I will continue talking about the importance of keeping our money in Arkansas and creating good paying jobs.</blockquote></p>
<p><a href="http://posting.arktimes.com/images/blogimages/2012/10/04/1349361161-casionoruling.pdf">Here's the main opinion.</a> Groups tied to existing racinos had mounted opposition to the proposal, which would have given a group of Missouri investors sole rights to establish casinos in four counties under a plan with scant legislative control. That group issued a statement:</p>
<p><blockquote>Chuck Lange, Chairman of the Stop Casinos Now! Committee on today's ruling by the Arkansas Supreme Court:</p>
<p>"On behalf of the law enforcement, faith, community and political leaders that joined our campaign to stop Nancy Todd's casino monopoly in Arkansas, I would like to say thank you to those who stood up to protect our families and communities from the terrible realities that would have come from Todd's Vegas-style Poker Palace monopoly. We hope that all investigations into questionable signature gathering efforts possibly conducted by Todd's paid team will be completed in an effort to prevent further actions like those from occurring." </blockquote> </p>
<p>It sounds like the casino backers outsmarted themselves. They should have challenged Martin's refusal of their original ballot title as insufficient, a title that had been approved initially by the attorney general. He later changed his mind. Their effort to comply with questions was their undoing, at least in today's opinion. This puts an end to multiple efforts to put gambling expansion on the ballot this year. (Actually, the Todd casino measure will appear on ballots, but votes won't be counted.) The casino backers have five days to seek a rehearing, rarely granted particularly in the case of opinions joined by all justices.</p>
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Thu, 04 Oct 2012 09:29:00 -0500Arkansas TimesArkanasas Supreme Court hears casino argumenthttps://www.arktimes.com/ArkansasBlog/archives/2012/09/06/arkanasas-supreme-court-hears-casino-argument
https://www.arktimes.com/ArkansasBlog/archives/2012/09/06/arkanasas-supreme-court-hears-casino-argumentMax Brantley
<p>About 9 a.m. this morning, <a href="http://170.94.10.59/oral_arguments/">you can click here </a>to follow the Arkansas Supreme Court oral arguments by Texas casino promoter Michael Wasserman that Secretary of State Mark Martin should have given him more time to gather signatures for his constitutional amendment to allow him to open casinos in Arkansas.</p>
<p>UPDATE: <a href="http://www.kspr.com/news/arkansas/sns-ap-ar--arkansas-casinos-20120905,0,446169.story">Argument here</a>. Taken under consideration.</p>
Gambling
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Thu, 06 Sep 2012 08:40:21 -0500Arkansas TimesTodd to turn in 100,000 additional signatures for casino initiativehttps://www.arktimes.com/ArkansasBlog/archives/2012/08/22/todd-to-turn-in-100000-additional-signatures-for-casino-initiative
https://www.arktimes.com/ArkansasBlog/archives/2012/08/22/todd-to-turn-in-100000-additional-signatures-for-casino-initiativeLindsey Millar
<p>In a statement, business woman <strong>Nancy Todd</strong> said that she plans to submit over 100,000 signatures today to the Secretary of State in support of her ballot initiative, a constitutional amendment to give a group she represents four exclusive casino licenses in Arkansas. </p>
<p>Todd submitted 80,000 signatures in July, but the Secretary of State's office only certified 23,616. She needs 78,133 to qualify for the ballot, which means she'll need a much better success rate per signature than she had in in July in this second round.</p>
<p><strong>UPDATE</strong>: Todd submitted 121,000 signatures today and told the Secretary of State's office that she'd sue if the revised language of her ballot proposal was rejected. The original language of Todd's proposal was rejected by state election officials, and <a href="http://www.arktimes.com/ArkansasBlog/archives/2012/08/18/todd-submits-new-language-to-casino-ballot-title">she filed revised language last week</a>.</p>
<p><strong>UPDATE II</strong>: <strong>Stop Casinos Now! Committee</strong> spokesman Robert McLarty offers the following statement:</p>
<p><blockquote>"The fact of the matter is, Vegas-insider Nancy Todd's poorly written ballot proposal has been determined insufficient by the Secretary of State, and removed from the ballot. She secured another 120,000 signatures for a proposed constitutional amendment with language that was determined insufficient.</p>
<p>"In fact, a prosecuting attorney and other law enforcement officers are investigating questionable practices relating to the signatures gathered in an effort to place Nancy Todd's proposed constitutional amendment on the ballot."</blockquote></p>
Gambling
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Wed, 22 Aug 2012 10:27:59 -0500Arkansas TimesTodd submits new language to casino ballot titlehttps://www.arktimes.com/ArkansasBlog/archives/2012/08/18/todd-submits-new-language-to-casino-ballot-title
https://www.arktimes.com/ArkansasBlog/archives/2012/08/18/todd-submits-new-language-to-casino-ballot-titleLindsey Millar
<p>After the <strong>Secretary of State</strong> <a href="http://www.arktimes.com/ArkansasBlog/archives/2012/08/15/attorney-general-and-secretary-of-state-find-flaw-in-casino-amendment">ruled her ballot title was legally insufficient</a> because it didn't include a mention of the measure's potential impact on "electronic games of skill" at Oaklawn and Southland, <strong>Nancy Todd</strong> said she's re-filed with the Secretary of State, adding the following language to the ballot title:</p>
<p><blockquote>"Such prohibition may repeal the Electronic Games of Skill Act, and thereby prohibit Oaklawan Racing and Southland Racing from continuing to operate electronic games of skill at their respective race tracks in Hot Springs and West Memphis."</blockquote></p>
<p>"We didn't see the language as affecting the tracks in any manner," Todd said in a statement, "but they did, and they stated a compelling enough of an argument to the Secretary of State that both he and Attorney General Dustin McDaniel agreed with them. I must respect their collective opinions and have changed the language to address what they believe to be a supposed ambiguity."</p>
<p>Monday is the deadline for Todd to turn in an additional 54,500 signatures to qualify for the ballot. In July, she submitted some 80,000 signatures, but had only 23,616 signatures validated. 78,133 is the magic number.</p>
Gambling
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Sat, 18 Aug 2012 11:34:19 -0500Arkansas TimesAttorney general and secretary of state find flaw in casino amendmenthttps://www.arktimes.com/ArkansasBlog/archives/2012/08/15/attorney-general-and-secretary-of-state-find-flaw-in-casino-amendment
https://www.arktimes.com/ArkansasBlog/archives/2012/08/15/attorney-general-and-secretary-of-state-find-flaw-in-casino-amendmentMax Brantley
<img src="https://media2.fdncms.com/arktimes/imager/draws-joker-nancy-todd-ran-into-roadblock/u/blog/2393357/1345067584-todd.jpg" width="600" height="199" />
<p></p>
<p><strong>Secretary of State Mark Martin</strong> has declared that the ballot title for <strong>Nancy Todd's casino amendment </strong>is not fair and complete and thus not legally sufficient for inclusion on the ballot.</p>
<p>However, both Arkansas statute and constitution provide a means for the proposal to be altered to "cure" the single deficiency that was found in <strong>Attorney General Dustin McDaniel's</strong> review.</p>
<p>For now, a spokesman said, it is the position of Martin's office that the administrative declaration means the amendment will not appear on the ballot. </p>
<p>Martin concurred with a finding by McDaniel, who'd earlier found that the title WAS fair and complete. But, in an opinion rejecting most of the <a href="http://www.arktimes.com/ArkansasBlog/archives/2012/07/16/challenge-filed-on-casino-amendment">objections raised by the committee fighting</a> the casino amendment, McDaniel said on one key point that, "on reflection," the ballot title should have included a mention of the measure's potential impact on "electronic games of skill" at the <strong>Oaklawn</strong> and<strong> Southland racetracks.</strong> Both have been active in opposing casino measures aimed at this year's ballot because their electronic games mimic all the standard casino games. The challenge to the Todd amendment said the amendment could put other casino operators out of business by making her group the sole permitted casino operator in four places.</p>
<p>"...I believe it would have been advisable to expressly point out the Amendment's implied repeal of the EGS Act, which has, after all, resulted in significant casino gaming activity at the Oaklawn and Southland horse and dog racetracks," McDaniel's opinion said. "I cannot predict with certainty how the Arkansas Supreme Court might rule on a challenge based on this objection. The court may indeed be convinced that the adoption of the amendment would effect a change in law whose disclosure would have given a reasonable voter serious ground for reflection. Accordingly, should you choose to declare the ballot title insufficent on this ground, I believe a strong argument would be made in support of your action."</p>
<p>Martin concurred with McDaniel's opinion. In the process, they also rejected an argument by casino amendment opponents that the measure as written would violate state or federal constitutions or other regulations.</p>
<p><a href="http://posting.arktimes.com/images/blogimages/2012/08/15/1345067311-casino.pdf">Here's the text of Martin's finding and McDaniel's opinion</a>.</p>
<p>I have questions out, but I believe this now leaves it up to Todd and her backers, Branson businessmen, <del>to decide whether they'll challenge that determination in court.</del> Wrong. <a href="http://law.justia.com/codes/arkansas/2010/title-7/chapter-9/subchapter-5/7-9-504/">The statute provides </a>for a means of fixing shortcomings found in the review process, if possible.</p>
<p><blockquote>If the Secretary of State declares the initiative petition legally insufficient, the sponsors of such measure may attempt to cure the insufficiency by correction or amendment, as provided in Arkansas Constitution, Amendment 7.</p>
<p>(b) Within fifteen (15) days after a correction or amendment is filed with the Secretary of State, the Secretary of State shall notify the petitioner and sponsor of the measure of this declaration by certified mail on the date that it is issued. </blockquote></p>
<p>In this case, the fix could be simple — inclusion of a clause that said a court might find an effect on existing gambling operations. I'm still trying to reach Todd to see what her plans are.</p>
<p>UPDATE: She says she was "explore all options" to bring the measure to a vote of the people.</p>
<p>Meanwhile, a simpler question still remains to be answered: Will she submit sufficient signatures from registered voters to qualify for the ballot? The gathering of those signatures continues. Opponents of the measure may also mount further challenges on signatures, such as sufficiency of the notarization process and witnessing of signatures. This has been a familiar path of challenge by opponents of other ballot measures over the years. Todd has until Aug. 22 to turn in additional signatures. Needing 78,133 signatures, Todd in July turned in only 23,616 valid signatures among some 80,000 submitted. But by surpassing the threshold in raw signatures, she got additional time to seek the almost 56,000 additional needed. A statement follows from the anti-casino committee.</p>
<p>Below is a statement from Chuck Lange, Stop Casinos Now! Committee Chairman, on the Secretary of State's granting, in part, his petition concerning Nancy Todd's Casino Amendment:</p>
<p>"We are pleased today that the Secretary of State has agreed with our petition that Nancy Todd's ballot title is not fair or complete. Arkansas voters deserved to know the truth about Vegas-insider Nancy Todd's casino plan for our state. Like most of her shadowy campaign, the ballot title she peddled kept Arkansans in the dark. </p>
<p>"In an effort to protect Arkansans in the future, our campaign continues to investigate Nancy Todd's signature collection practices to root out any questionable activities that may have been used to obtain more than 56,750 invalid signatures. </p>
<p>We are thankful to all the members of the Stop Casinos Now! Committee who have worked very hard to get the truth out about Nancy Todd's casino proposal</p>
Arkansas PoliticsGambling
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Wed, 15 Aug 2012 16:32:37 -0500Arkansas TimesLegal heavyweights square off on casino amendmenthttps://www.arktimes.com/ArkansasBlog/archives/2012/07/27/legal-heavyweights-square-off-on-casino-amendment
https://www.arktimes.com/ArkansasBlog/archives/2012/07/27/legal-heavyweights-square-off-on-casino-amendmentMax Brantley
<img src="https://media1.fdncms.com/arktimes/imager/thats-no-casino-thats-electronic-games-of-skill-so-says-a-backer-of-a-c/u/blog/2363092/1343432949-gaming.jpg" width="250" height="193" style="display:block; float:right;" />
<p></p>
<p>Opponents of the <strong>Nancy Todd Poker Palace constitutional amendment</strong> — still undergoing review for signature sufficiency by the secretary of state and still in the field for more signatures — <a href="http://www.arktimes.com/ArkansasBlog/archives/2012/07/16/challenge-filed-on-casino-amendment">earlier had contested the legality</a> of placing the measure on the ballot for a variety of flaws in the ballot title and content.</p>
<p>Opponents raised anti-trust questions and impact on existing <strong>casinos at the Southland </strong>and <strong>Oaklawn </strong>racetracks. The opposition is funded by Southland and they hired a major Little Rock law firm, <strong>Wright Lindsey and Jennings,</strong> to argue the case to the attorney general.</p>
<p>Now Todd has filed her answer, another extensive brief by a major Little Rock law firm, <strong>Williams and Anderson. </strong>The firm has been advising Todd and her backers in Branson, Mo., from the outset.</p>
<p>Todd's lawyer naturally says her amendment is legal, that arguments attacking it are incorrect or premature and that the amendment does NOT threaten existing gambling at the Southland and Oaklawn casinos. Why, that is not casino gambling, but electronic games of skill at existing parimutuel wagering facilities. Who could ever call slot machines, blackjack tables, poker rooms and digitized version of other casino games, well, casinos? Certainly, Southland and Oaklawn do not as a rule, except after a fashion in the brief opposing Todd's casino amendment.</p>
<p><a href="http://posting.arktimes.com/images/blogimages/2012/07/27/1343432555-nancytodd.pdf">Here's the response. </a>Peruse at leisure. The attorney general has yet to weigh in.</p>
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Fri, 27 Jul 2012 18:37:37 -0500Arkansas TimesNancy Todd casino amendment short on signatures UPDATEhttps://www.arktimes.com/ArkansasBlog/archives/2012/07/23/nancy-todd-casino-amendment-short-on-signatures
https://www.arktimes.com/ArkansasBlog/archives/2012/07/23/nancy-todd-casino-amendment-short-on-signaturesMax Brantley
<img src="https://media1.fdncms.com/arktimes/imager/falling-short-nancy-todd/u/blog/2355061/1343083316-nancytodd.jpg" width="250" height="213" style="display:block; float:right;" />
<p>Alex Reed of the <strong>secretary of state's office</strong> says the <strong>Nancy Todd Poker Palace constitutional amendment</strong> — to give exclusive casino licenses for four casinos to an enterprise backed by Branson, Mo., investors — is also short of signatures of registered voters.</p>
<p>Reed said the secretary of state's office's temp workers will continue work until 9:30 p.m. tonight, but they apparently already know with the number remaining that the amendment will fall short of the 78,133 needed. She'll be given 30 days to meet the minimum. She had turned in only about 80,000, not much breathing room for invalid signatures. The verification of her signatures has been complicated by her attempt to register voters to qualify them to sign petiitons. She's learned you can't fill out a registration form and sign petitions the same day, you must first be registered with a county clerk. (See her news release on the jump, issued earlier today.)</p>
<p>The secretary of state has already disqualified another casino amendment and an ethics reform measure didn't go forward because of lack of signatures. The gas severance tax initiative, as we've mentioned before, is at least 41,000, perhaps thousands more, short and Sheffield Nelson will announce its fate tomorrow. The medical marijuana initiative drive is also thousands short with time running out.</p>
<p>UPDATE: Late Monday came word that Todd turned in only 23,616 valid signature leaving her more than 38,000 short. Failure rate matching gas tax. Another one heading to history books.</p>
<p>NANCY TODD NEWS RELEASE</p>
<p>Nancy Todd of Nancy Todd's Poker Palace gave a thumbs up today to the recent ruling by the Secretary of State relating to the issue of a public vote on casinos "We were challenged recently in the Secretary of State's offices about the sufficiency of our ballot title. We however were confident the Honorable Mark Martin would rule as Attorney General McDaniel had previously in finding the ballot language sufficient for the needs of voters, it was a long 30 day wait for the decision to be made."</p>
<p>Secretary of State Mark Martin issued a declaration last Thursday finding the ballot title to be sufficient and dismissed the complaint from his office. [But a second challenge is still pending.] "Now we can continue to focus on what is most important, allowing the voters of Arkansas the opportunity of making their own decision on the issue with their votes in November," Todd stated.</p>
<p>"We turned in our petitions to the Secretary of State's office on July 6th. Since then we have added more people to the field helping people to get registered as voters and to sign the petition. To date the effort has registered almost 4,000 Arkansans and we expect to reach 10,000 by the end of this week. It would seem fair people who registered to vote by the time the petitions are verified should be counted as a valid signature by a registered voter, but it would seem here in Arkansas that just isn't the case" Todd stated.</p>
<p>"Arkansans deserve to have THEIR vote count on this issue and that's why we are dedicated to a voter registration drive. But right now, it appears to be a blatantly unfair process that is hampered by unnecessary political bureaucracy. We are required to register people and deliver their signature to the County Clerk that same day for THE signature to be counted as valid. Not only is this unfair to the petitioners, it would seem to prejudice getting people involved in the political system. Those standards should allow people the fastest simplest way to become voters. In spite of these obstacles, we will continue to do what we must in order to meet the current standards set by the Secretary of State," Todd closed.</p>
Gambling
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Mon, 23 Jul 2012 17:26:02 -0500Arkansas TimesOne casino challenge rejectedhttps://www.arktimes.com/ArkansasBlog/archives/2012/07/20/mcdaniel-recommends-rejection-of-one-casino-challenge
https://www.arktimes.com/ArkansasBlog/archives/2012/07/20/mcdaniel-recommends-rejection-of-one-casino-challengeMax Brantley
<p>The <strong>secretary of state's office</strong> — currently checking signatures on petitions gathered by <strong>Nancy Todd </strong>for a constitutional <strong>amendment to give her group four exclusive casino licenses</strong> in Arkansas — <a href="http://www.katv.com/story/19074777/ark-ag-reject-challenge-to-casino-proposal">has been advised</a> by <strong>Attorney General Dustin McDaniel</strong> to disregard one objection filed to the form of the amendment. A Little Rock woman had challenged the legality of the amendment's scheme to take taxing authority out of the hands of the legislature and split taxes among designated beneficiaries.</p>
<p>McDaniel continues to consider <a href="http://www.arktimes.com/ArkansasBlog/archives/2012/07/16/challenge-filed-on-casino-amendment">a much deeper legal challenge </a>of the amendment's sweep in a brief filed by a Little Rock law firm for the Southland casino-backed group that is trying to beat the new casino intiative.</p>
<p>UPDATE: Secretary of State Mark Martin <a href="http://posting.arktimes.com/images/blogimages/2012/07/20/1342819052-lizwilliams.pdf">has followed McDaniel's recommendation and rejected this challenge</a>.</p>
<p>UPDATE II: <a href="http://posting.arktimes.com/images/blogimages/2012/07/21/1342868205-wasserman.pdf">Martin also rejected</a> Texas promoter Michael Wasserman's appeal of the office's finding that he hadn't met a signature threshold for continued consideration of his casino amendment. He says he plans a court appeal.</p>
Gambling
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Fri, 20 Jul 2012 13:22:54 -0500Arkansas TimesTexas casino amendment won't qualify for ballothttps://www.arktimes.com/ArkansasBlog/archives/2012/07/11/texas-casino-amendment-wont-qualify-for-ballot
https://www.arktimes.com/ArkansasBlog/archives/2012/07/11/texas-casino-amendment-wont-qualify-for-ballotMax Brantley
<p><strong>Michael Wasserman</strong>, the Texas casino promoter who turned up with what he represented were sufficient signatures to qualify his constitutional amendment for an exclusive right to open seven casinos, won't make it to the November ballot.</p>
<p>He failed to get the required minimum alternative of a half-percent of the vote in the last gubernatorial election or 5 percent of the registered voters in each of 15 counties.</p>
<p><a href="http://posting.arktimes.com/images/blogimages/2012/07/11/1342049250-letteermartin.pdf">Here's Secretary of State Mark Martin's letter</a> notifying Wasserman that at least three of his 15 counties (he actually designated 16) fell short. A "facial" review indicated shortcomings in other counties, the office said.</p>
<p><a href="http://posting.arktimes.com/images/blogimages/2012/07/11/1342049439-news_release.pdf">Here's the Mark Martin news release</a>.</p>
<p>The county minimums had to be met at the July 6 deadline. The overall signature total of 78,133 for constitutional amendments — if found to be short of registered voters — can be added to during the certification process. Alex Reed of the secretary of state said Wasserman turned in only 332 signatures from Saline County, for example, needing 1,757. He came closer, but still fell short, in both Woodruff and Prairie Counties. Wasserman's canvassing was much less evident than many other initiative campaigns. He apparently gathered most of his signatures in Pulaski County.</p>
<p>The checking continues of the petitions submitted by Nancy Todd for a four-casino amendment being backed by Branson investors as well as those for a severance tax increase and a law to allow medical marijuana. Reed said he didn't know which amendment would be next in the initial check for meeting the signature distribution requirement.</p>
<p>Reed said the office had told Wasserman by phone of the news. It's not a finding that's readily open to any sort of appeal.</p>
Arkansas PoliticsGambling
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Wed, 11 Jul 2012 18:24:20 -0500Arkansas TimesNancy Todd says legislature could regulate her casinoshttps://www.arktimes.com/ArkansasBlog/archives/2012/07/08/nancy-todd-says-legislature-could-regulate-her-casinos
https://www.arktimes.com/ArkansasBlog/archives/2012/07/08/nancy-todd-says-legislature-could-regulate-her-casinosMax Brantley
<img src="https://media2.fdncms.com/arktimes/imager/casino-backer-nancy-todd-shown-here-on-her-blog-is-a-professional-poker/u/blog/2330942/1341750001-nancytodd.jpg" width="250" height="83" style="display:block; float:right;" />
<p></p>
<p><a href="http://www.nancytoddspokerpalace.com/">Nancy Todd </a>met the initial signature threshold to put a constitutional amendment on the November ballot that would grant four casino licenses to promoters of the amendment. The secretary of state yet must verify the drive has gathered sufficient signatures of registered voters.</p>
<p>Todd got back to me yesterday on a point I'd made earlier in discussions on the proposal.</p>
<p>Todd, who's being paid by Branson investors to lead the campaign, had told me earlier that I was in error to presume the casinos — if approved by the voters — would be beyond the reach of state legislative regulation. <a href="http://www.sos.arkansas.gov/elections/Documents/2012%20Proposed%20Initiatives%20and%20Referenda/Nancy%20Todd's%20Text%20for%20Web.pdf">Language in the amendment is restrictive</a> as to legislative involvement, both in regulation of gambling and taxing proceeds.</p>
<p>But, Todd contends, there's an implicit authority of the legislature to impose regulation. She sent a note explaining her position, which I'll share on the jump. If and when the measure moves closer to a vote, it will bear further examination.</p>
<p>Another proposed amendment by Texas promoter <strong>Michael Wasserman </strong><a href="http://ag.arkansas.gov/opinions/docs/2011-141.html">would give him licenses for seven casinos.</a> Wasserman, too, turned in sufficient signatures for a secretary of state review. Interesting. The last report he filed on his committee's ballot question activity was in March. It reported no contributions or expenditures. The <strong>Ethics Commission</strong> made clear, in the case of Todd's effort, that activities toward qualifying an amendment for the ballot must be reported when $500 has been spent. I'd be skeptical that Wasserman gathered 80,000 signatures without paying canvassers to gather them or otherwise spent less than $500 in his long effort to qualify a proposal for the ballot. Wasserman's amendment, by the way, explicitly prohibits legislative regulation.</p>
<p>EMAIL FROM NANCY TODD</p>
<p>It has long been the law in Arkansas that the "State Legislature can exercise all power that is not expressly or impliedly prohibited by the Constitution; for whatever powers are not limited or restricted they inherently possess as a portion of the sovereignty of the State." State v. Ashley, 1 Ark. 513 (1839). Specifically, "[t]he legislature has the authority to implement a constitutional amendment" so long as the legislation implementing a constitutional amendment is "consistent with and not repugnant to the constitutional provision being implemented." Purvis v. City of Little Rock, 282 Ark. 102, 104, 667 S.W.2d 936, 937 (1984).</p>
<p>Here, Section 3.1 of the proposed constitutional amendment states: "Unless otherwise specifically provided herein, neither the General Assembly nor any political subdivision of this State shall enact any legislation, rule or regulation regarding the operation of casino gaming as defined in this Amendment." The term "casino gaming" is defined to mean "any game played with cards, dice, equipment, or . . . ." Implementing legislation that, for example, provided a means of reporting, collecting or distributing tax revenue from casino gaming would not involve "the operation of casino gaming." In no way would it affect games played in casinos. Furthermore, it is not repugnant to the constitutional amendment being implemented. It is the opposite.</p>
<p>Similarly, the provision does not prohibit regulatory legislation so long as the laws do not involve the operation of casino gaming. Regulations not involving the operation of casino gaming are not repugnant to the provision; they are complementary and supportive.</p>
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Sun, 08 Jul 2012 07:06:12 -0500Arkansas TimesUPDATE: Casino campaign reports $195,000 support from Missouri investorshttps://www.arktimes.com/ArkansasBlog/archives/2012/06/27/casino-campaign-makes-ethics-filings
https://www.arktimes.com/ArkansasBlog/archives/2012/06/27/casino-campaign-makes-ethics-filingsMax Brantley
<img src="https://media1.fdncms.com/arktimes/imager/update-casino-campaign-reports-195000-support-from-missouri-investors/u/blog/2314375/1340827860-nancytodd.jpg" width="250" height="68" style="display:block; float:right;" />
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<p><strong>Nancy Todd</strong> alerted me that the group pushing a casino amendment initiative had filed a batch of papers with the state Ethics Commission today. I've been writing about the absence of reports on her group's effort to gather signatures for an amendment to permit four unregulated casinos operated under her name.</p>
<p>The filings included organizational papers for two new ballot question organizations and they report the money supporting the campaign flows primarily from two investment companies in Missouri ($195,000):</p>
<p>* The <a href="http://www.arkansasethics.com/blqc/Statewide%20Committee/nancytoddspokerpalace/Nancy2012-06-27.pdf">Nancy Todd Poker Palace and Entertainment Venues LLC</a>. It shows three people with Little Rock office addresses as leaders — Bob Womack, director; Larry Weis, officer, and Dianne Dalton as treasurer. Todd and Jim Thompson are also members of the committee, whose mission is to qualify and pass the amendment.</p>
<p>The commitee reported raising $27,600 — $20,000 from <strong>SKAP Investments</strong> of Branson, Mo., and $7,500 from Arkansas Development I LLC — in May. It spent about $3,700 on advertising and signature gathering.</p>
<p>* Also filed was <a href="http://www.arkansasethics.com/blqc/Statewide%20Committee/arkansasdevelopment/ArkDevelopment2012-06-27.pdf">paperwork for Arkansas Development I LLC</a>. It has the same officers and purpose as the Nancy Todd Poker Palace filing.</p>
<p><a href="http://www.arkansasethics.com/blqc/Statewide%20Committee/arkansasdevelopment/ArkDevelopment2012-06-28.pdf">This group reported (in a belated report on activities in March) raising</a> $175,000 and spending about $45,000. All the money came from <strong>Evergreen Investments</strong> of Lebanon, Mo. In March, it spent more than $23,000 with the <strong>Williams and Anderson</strong> law firm in Little Rock and more than $21,000 paying Todd for consulting and expenses.</p>
<p><a href="http://www.arkansasethics.com/blqc/Statewide%20Committee/arkansasdevelopment/ArkDevelopment2012-06-29.pdf">For April, the group reported </a>spending another $58,753 — primarily for more Williams and Anderson fees and more payments to Todd.</p>
<p>In May, <a href="http://www.arkansasethics.com/blqc/Statewide%20Committee/arkansasdevelopment/ArkDevelopment2012-06-30.pdf">the group spent another</a> $49,130, leaving about $29,000 of the original money on hand. More than $40,000 went to Todd.</p>
<p>The filings don't show recent expenditures for canvassers, except those on the Poker Palace May report, though the canvassers continue to work, according to multiple reports. I've also heard reports of robocalls and and radio advertising. The batch of late filings would seem tacitly to concede the obvious, that reports didn't begin as law requires with spending of $500.</p>
<p>Registered agent for SKAP Investments is<strong> Marc Williams</strong> of Branson. He, Todd confirms, is also CFO of <strong>HCW LLC,</strong> a development firm whose projects have included Branson Landing and hotels in that area. He was out of the office this afternoon. Evergreen Investments is headed by <strong>Stephen Plaster</strong>, and the firm is also an investor in Branson Landing. Todd said they are partners in the casino effort. Evergreen's holdings were amassed by Plaster's father, the late Robert Plaster, a former utility company chief (Empire Gas) who became well-known for philanthropy in the region, including, perhaps ironically in this context, in support of a Baptist college. I've left a message for him.</p>
<p>Todd also filed a report showing no activity in either fund-raising or expenditures by the organization for which she'd originally filed papers,<strong> Arkansas Counts.</strong></p>
<p>The casino amendment would allow casinos in Pulaski, Miller, Crittenden and Franklin counties and prohibit legislative oversight. Amendments require more signatures than initiated act. The group must obtain 78,133 signatures of registered voters by July 6. Initiated acts need 62,507.</p>
<p>UPDATE FOLLOWS AFTER A LATE-AFTERNOON PHONE INTERVIEW WITH TODD:</p>
<p>Todd confirms that the Branson investors are the major backers and have hired her to run the campaign. She said she's been involved in dozens of political and casino campaigns over the years, including successful casino developments from Mississippi to Pennsylvania.</p>
<p>The Branson investors are willing to make a "high-risk" investment on winning approval of a casino amendment in hopes of having a part of the development of the properties with not just casinos, but hotels, other entertainment venues, parking decks and the like. She said the group has had no contact, much less deals, with major casino operators and would not until the amendment passes. But she concedes readily the idea for the group to win licenses that would then become very valuable to someone with expertise in the business. Her only equity interest is to retain the naming rights to a poker room in the Pulaski County casino, which presumably would operate under the name of a major casino operator. She is a professional poker player herself.</p>
<p>Todd takes exception strenuously to my characterization that the amendment would produce an unregulated group of casinos. She contends that case law gives the legislature the power to enact anything not strictly prohibited by the amendment. She said that means it could set up a regulatory commission for casino licensing. She has some high-priced legal talent as advisers, so we'll just have to see. <a href="http://www.sos.arkansas.gov/elections/Documents/2012%20Proposed%20Initiatives%20and%20Referenda/Nancy%20Todd's%20Text%20for%20Web.pdf">The amendment ballot title says</a>, however: "PROHIBITING THE GENERAL ASSEMBLY AND ANY POLITICAL SUBDIVISION OF THE STATE FROM ENACTING ANY LEGISLATION, RULES OR REGULATIONS REGARDING CASINO GAMING." That's a fairly broad prohibition.</p>
<p>In her view, this pertains only to the games offered at casinos. The amendment also sets the tax rate and prohibits the legislature from appropriating the money, instead designating percentage allotments to a variety of education, health and other programs.</p>
<p>Todd said future reports were to be consolidated under the Arkansas Counts organization. She said she'd had a misunderstanding about required filing and said she now understood that reports should have been filed earlier. She blamed this on miscommunication among various parties. She said she expected to be called down by the Ethics Commission on the late filings and said she was prepared to pay any fine that might be assessed.</p>
<p>"I'm not big on the blame game," she said. "It bears my name and I take responsibility."</p>
<p>She said she'd known her Branson partners since the late 1990s, but hadn't thought the time was right to try a campaign in Arkansas until this year. She said she understood she faced tough opposition from <strong>Oaklawn Park</strong> and<strong> Southland Park</strong>, both of which operate casinos. "That's politics," she said. She said even if she's successful another petitioner could come in two years with new competition or even a proposal to overturn the whole thing.</p>
<p>She said she doesn't believe the theory of an aversion to casino gambling among Arkansas voters. She said difficulties here are more about the "arduous" petition process, "designed for failure." </p>
<p>She said she's confident she'll get the needed signatures, with more than 13,000 gathered in Pulaski County.</p>
<p>By the way: Jim Thompson is a Branson service station owner, not the Jim Thompson who was once a political consultant here. Dianne Dalton is a former phone company executive, not <strong>Diane Bray</strong>, the former beer wholesale who joined a casino push some years ago and married former City Manager Tom Dalton.</p>
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Wed, 27 Jun 2012 14:50:11 -0500Arkansas TimesStill no disclosure on backers of casino amendment campaignhttps://www.arktimes.com/ArkansasBlog/archives/2012/06/24/whos-paying-for-the-casino-amendment-campaign
https://www.arktimes.com/ArkansasBlog/archives/2012/06/24/whos-paying-for-the-casino-amendment-campaignMax Brantley
<img src="https://media2.fdncms.com/arktimes/imager/canvassing-a-photo-from-casino-promoter-nancy-wilsons-website-shows-her-a/u/blog/2309673/1340540555-nancywilson.jpg" width="600" height="276" />
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<p>I sent a note Friday to Nancy Todd, who's fronting the petition campaign to put a casino amendment on the November ballot. The <a href="http://www.sos.arkansas.gov/elections/Documents/2012%20Proposed%20Initiatives%20and%20Referenda/Nancy%20Todd's%20Text%20for%20Web.pdf">amendment would authorize</a> four unregulated casinos, operating under the name Nancy Todd Poker Palace, in Pulaski, Miller, Crittenden and Franklin counties.</p>
<p>As you can <a href="http://www.nancytoddspokerpalace.com/">see from her website,</a> she's busy. You can find her canvassing operation anywhere a crowd is gathered, such as War Memorial Park today for the balloon races.</p>
<p>Todd <a href="http://www.arkansasethics.com/blqc/Statewide%20Committee/arkansascounts/ArkansasCounts2012-05-10.pdf">filed an organizational statement in May,</a> but has otherwise made no disclosures, though paid canvassers have been at work for weeks.</p>
<p>So the question: Who's paying for this operation? In response to my inquiry, I got this note back from Todd:<br /><blockquote><br />Hi Max, I got your message and I'm not ignoring you. The attorney and the CPA firm, as well as the ethics director for the state, have talked about the distinction between the "campaign" and the "signature gathering" phases of the campaign. I will track it down officially for you Monday morning. Thanks. Nancy</blockquote></p>
<p>A cursory reading of the rules on ballot question committees suggests more disclosure is overdue. The relevant section pertaining to ballot questions says the terms is defined as an "initiative or referendum which is submitted or intended to be submitted to a popular vote at an election, whether or not it qualifies for the ballot." Committees are subject to disclosure rules from the moment bills are received if they make expenditures "for the purpose of expressly advocating the qualification, disqualification, passage, or defeat of any ballot question." Disclosure is required as soon as $500 is spent, even just for "qualification" of a measure.</p>
<p>Others see the rules as I do. A group formed to oppose this petition drive, backed financially by the Southland casino in West Memphis, has filed financial disclosure. So have groups on both sides of the gas severance tax. So have two committees working to qualify an ethics petition for the ballot.</p>
<p>CORRECTION: Who is Nancy Wilson? I got the casino amendment sponsors' name wrong in the original post.</p>
<p></p>
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Sun, 24 Jun 2012 06:58:00 -0500Arkansas TimesWanted: Tips on acquiring this 'skill'https://www.arktimes.com/ArkansasBlog/archives/2012/06/19/wanted-tips-on-acquiring-this-skill
https://www.arktimes.com/ArkansasBlog/archives/2012/06/19/wanted-tips-on-acquiring-this-skillMax Brantley
<p><a href="http://arkansasmatters.com/fulltext?nxd_id=551192&utm_source=twitterfeed&utm_medium=twitter">Noticed this squib</a> on the Channel 4 Twitter feed:</p>
<p><blockquote>A Pine Bluff Woman hit a jackpot Monday for $62,407.85 on a $.25 Wheel of Fortune Secret Spin machine.</p>
<p>That is the second largest jackpot at the Oaklawn Gaming Center since it opened in 2009.</p>
<p>Oaklawn's record for a single jackpot is $81,640 won by a Jacksonville woman on a $.25 Wheel of Fortune machine in November 2011.</p>
<p>The winner did not wish to give out her name.</blockquote></p>
<p>Wish she'd let us know how to get in touch. Because there's nothing but electronic games of skill at Oaklawn, no slot machines. It is a gaming emporium, not a casino. The rest of us could use some advice on picking up the skills necessary to win big jackpots there.</p>
Gambling
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Tue, 19 Jun 2012 06:34:31 -0500Arkansas TimesA casino proposal's obvious flawhttps://www.arktimes.com/ArkansasBlog/archives/2012/05/16/a-casino-proposals-obvious-flaw
https://www.arktimes.com/ArkansasBlog/archives/2012/05/16/a-casino-proposals-obvious-flawMax Brantley
<img src="https://media2.fdncms.com/arktimes/imager/poker-palace-promoter-nancy-todd/u/blog/2230922/1337184183-nancytodd.jpg" width="250" height="239" style="display:block; float:right;" />
<p>I <a href="http://www.arktimes.com/ArkansasBlog/archives/2012/05/15/anti-casino-mailing-hits-boxes">wrote yesterday that</a> <strong>Delaware North</strong>, owner of the <strong>Southland Park</strong> casino at West Memphis where gamblers pour more than a billion a year into the slots, was financing a campaign to fight a couple of casino amendment campaigns, particularly a drive headed by <strong>Nancy Todd</strong>, a <a href="http://www.nancytoddspokerpalace.com/">Las Vegas consultant and poker player</a>, to give her exclusive right to operate four casinsos, in Pulaski Miller, Crittenden and Franklin counties.</p>
<p>The Southland park anti-casino campaign has already hit mailboxes with a hypocritical mailer decrying the predatory nature of casinos on families. Southland oughtta know. The flyer, needless to say, doesn't identify the underwriter or that it is the work of the infamous <strong>Markham Group</strong> of secretive political consultants.</p>
<p>Nonetheless, the Southland opposition makes some good points. One is this: Why give some monopoly casino rights to a single operator? Who better to know the benefit of a Crittenden County monopoly than Southland? Still, there's truth in this. If we're to gamble, let's gamble. Let's have competition and the greater investment this brings.</p>
<p>This is a better criticism: The unregulated nature of what Nancy Todd proposes. Here's <a href="http://www.nancytoddspokerpalace.com/wp-content/uploads/2012/03/2012-054.pdf">what the amendment says</a>: It is a measure "prohibiting the General Assembly and any political subdivision of the state from enacting any legislation, rules or regulations regarding casino gambling; prohibiting casino gambling at any other than the locations operated by Nancy Todd's Poker Palace and Entertainment Venues..."</p>
<p>Wow. Forget for a minute that this language arguably could clearly make illegal the casinos operating (as electronic games of skill parlors) at Southland and Oaklawn. Consider what a prohibition on regulation means? Supply your own nightmare. Scary stuff. Even the carefully regulated gambling businesses in other states — and our own lottery — have been subject to problems inherent in the cheaters and crooks that flock to any place piles of cash stack up.</p>
<p>I had a brief discussion in e-mails yesterday with Todd about the monopoly angle and lack of regulation. Her response:</p>
<p><blockquote>Sure, if you look on the AG's site you will see in my first two versions I included a regulatory body. First one was the Arkansas Lottery Commission. AG Kicked it back saying they had no experience to distribute funds. So revised and put the Department of Finance, which has a built in regulatory arm in place. AG kicked that one back too. So in the interest of time I submitted one without a regulatory body listed knowing we will get the issue decided eventually, hopefully through the State Supreme Court, to pick the best one for the State.</p>
<p>As to the monopoly ... We are getting the issue passed and are asking the licenses be issued to us so that we can recommend to whoever the ultimate regulatory body is make the best decisions. You've had two tracks in the state for 100 years with the ultimate monopoly. We would like to break THAT monopoly</blockquote>.</p>
<p>I said:</p>
<p><blockquote>Not a good answer. If the amendment lets you open casinos without regulation legislative or otherwise I don't think the court can impose a regulatory scheme. </blockquote></p>
<p>She said:</p>
<p><blockquote>Hmmm. Interesting. Ok. We can't put in a regulatory body at some point is what you are saying?</blockquote></p>
<p>Yeah, that's what I'm saying. The legislature can't amend the Constitution by giving itself or anyone else regulatory authority prohibited by the amendment.</p>
<p>What I don't know is if Todd is being disingenuous or is truly clueless. The high-dollar lawyer she used in Little Rock isn't a clueless sort, however.</p>
<p>Todd hasn't yet filed a financial report with the state Ethics Commission, so I can't gauge if the petition drive underway is sufficiently financed to get the job done. I think I can predict with some confidence, echoing Attorney General Dustin McDaniel's opinion certifying the form of the proposal, that a lawsuit seems likely to follow. The far-reaching consequences of an unregulated gambling monopoly that could imperil existing casinos isn't likely to come into being without it.</p>
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Wed, 16 May 2012 10:33:16 -0500Arkansas Times